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Information Technology

Whether you manage a technology company or simply utilize IT in your business, Fasken Martineau can help you navigate the various statutes, regulations and issues that distinguish Canada from the US in protecting and leveraging technology. 

As recognized leaders in IT law, Fasken Martineau is well-positioned to help you ensure that the expansion of your business into Canada properly addresses Canadian law and practice as it relates to the information technology aspects of your business. Whether you are a technology company, or you use technology in your business (as most do), we help you navigate the various statutes, regulations and issues that distinguish Canada from the US when it comes to protecting and leveraging technology.

Information technology permeates the global business community—opening up a world of opportunities and creating its own unique challenges. 

Our goal is to ensure that you are well established and that you keep pace with the changing legal and regulatory landscape by providing balanced, pragmatic advice. Whether it is specialized technology issues for Canadian regulatory sectors (e.g. health or financial) or the development and implementation of corporate policies related to data security, record retention and privacy, we stay current on the legal and business IT issues to deliver the most appropriate solutions for your unique needs.

Do you conduct business online? We will ensure that your e-commerce and other online activities comply with the applicable legal landscape in Canada, which differs from the US in significant ways.

Are you looking to enter into a cross-border outsourcing arrangement or to acquire a Canadian technology company or Canadian technology assets? We can help you to avoid the pitfalls that would not be apparent to US professionals, including issues concerning intellectual property and R&D tax credits.

Do your marketing and advertising activities include the sending of emails or text messages to Canadian addresses? We can help you to avoid the significant administrative monetary penalties and exposure to private law suits and statutory damages provided for under Canada’s anti-spam legislation.

To address all of your IT-related legal concerns, we work closely with in-house practitioners in our other related areas of service. You can rely on our individual and collective experience to provide proactive, relevant and timely advice concerning your business and market realities.

We provide advice and assistance to a broad range of clients, including entrepreneurs and start-ups, established businesses and multinational corporations, governments, and organizations operating in the broader public sector. We act for both customers and providers, which allows us to understand the key issues and deliver win-win transactions for all parties.

How can we help?

  • Complex outsourcings
  • Mergers and acquisitions
  • e-Commerce ventures and new internet business models
  • New software development and delivery methodologies and issues (e.g. open source and agile)
  • Large system implementations
  • Procurement (development, implementation and disputes)
  • Cyber security, privacy and data protection issues
  • Corporate policy development and implementation (particularly privacy, security and record retention)
  • Consumer protection issues
  • Anti-spam and other legislative/regulatory compliance issues
  • Entertainment & media - including video gaming, online entertainment and online gambling

Notable Wins & Key Clients